4.  The applicant was born in 1934 and lives in Oberalm.
5.  On 16 March 1994 the applicant requested legal aid as he intended to bring an action for damages against M.L., a lawyer who had represented him in previous civil proceedings. On an unspecified date the applicant withdrew his request.
6.  The applicant, now represented by E.H., a lawyer appointed by him, brought an action against M.L. for damages on 30 November 1994.
7.  On 3 January 1995 the Salzburg Regional Court summoned the applicant for a hearing, scheduled for 6 February 1995. However, on 16 January 1995 the Salzburg Regional Court cancelled the hearing and interrupted proceedings, as the competent Hallein District Court needed to examine the question whether a guardian should be appointed for the applicant. In the decision it noted that as early as 1984 the applicant had suffered from psychosis and a guardian had been appointed. Guardianship had been terminated in June 1987.
8.  On 23 January 1995 the applicant filed a motion challenging judge S., the judge of the Regional Court dealing with the civil proceedings against M.L., for bias. The Regional Court returned the motion to the applicant. On 13 February 1995, as it did not carry the signature of a lawyer.
9.  On 8 June the Hallein District Court provisionally appointed a guardian for the applicant. On 13 September 1995 the Regional Court set the applicant a time-limit of fourteen days for re-submitting the motion of 23 January 1995 signed by his lawyer, otherwise it would be deemed that he had withdrawn his motion.
10.  The applicant again applied for legal aid for the proceedings against M.L. on 23 October 1995. The Regional Court, on 9 November 1995, informed the applicant that his request for legal aid would be transmitted to E.H., who had meanwhile been appointed the applicant’s provisional guardian, for signature. E.H. signed the request on 15 November 1995.
11.   Judge S. commented on the applicant’s motion challenging him for bias on 16 November 1995 and, on 23 November 1995, the Salzburg Regional Court dismissed the applicant’s motion of 23 January 1995. The applicant appealed.
12.  On 19 January 1996 the District Court discontinued the guardianship proceedings against the applicant. According to an expert opinion obtained he was capable of understanding his actions and their consequences.
13.  By decision of 11 April 1996 the Linz Court of Appeal dismissed the applicant’s appeal against the Regional Court’s decision of 23 November 1995. On 9 May 1996 the Regional Court dismissed a further motion challenging the judge for bias. On 8 January 1997 the Linz Court of Appeal dismissed the applicant’s motion challenging judge S. for bias.
14.  The applicant requested the Salzburg Regional Court to resume the proceedings against M.L. and to schedule a hearing on 19 March 1997. On 1 April 1997 the applicant requested under Section 91 of the Court Act (“section 91 request”), to the Salzburg Regional Court, that a time-limit be set for deciding upon his request for legal aid.
15.  The President of the Regional Court, referring to the applicant’s section 91 request, informed him on 23 April 1997 that, after his motion challenging the judge for bias had finally been dismissed, Judge S. could take further steps in the proceedings.
16.  On 30 May 1997 the Regional Court dismissed the applicant’s request for legal aid, finding that the applicant had sufficient means to afford assistance by a lawyer. On 12 June 1997 the Regional Court dismissed the applicant’s request for legal aid in order to appeal against the decision of 30 May 1997, as no representation by a lawyer in such proceedings was necessary.
17.  On 30 September 1997 the applicant made a section 91 request, asking that a time-limit for scheduling a hearing be set. He submitted that he was not represented by a lawyer.
18.  On 20 November 1997 the applicant deposited a folder of documents with the Regional Court. On the next day the Regional Court returned the folder to the applicant, informing him that evidence could only be properly submitted by counsel representing him in the proceedings and in conformity with the rules of the code of civil procedure.
19.  The Salzburg Regional Court, on 10 December 1997, ordered the applicant to re-submit his section 91 request, properly signed by a lawyer. He was also informed that in future submissions made by him personally would no longer be taken into account.
20.  On 29 January 1998 a newly-appointed lawyer, S.K., requested the Regional Court to resume the proceedings against M.L., as after the Hallein District Court’s decision of 19 January 1996 there was no longer a justification for interrupting the proceedings. Thereupon, on 3 February 1998, the Regional Court scheduled a hearing for 1 April 1998. On 1 April 1998 the hearing took place. The Regional Court held further hearings on 9 June 1998 and 8 July 1998.
21.  On 10 July 1998 the Salzburg Regional Court gave a judgment in the proceedings against M.L.. It granted a part of the applicant’s claim and dismissed the remainder.
22.  The applicant appealed on 21 September 1998 and the opposing party replied on 28 October 1998. The Court of Appeal held a hearing on 7 July 1999, in which the applicant, assisted by his counsel, was heard.
23.  On 7 July 1999 the Linz Court of Appeal gave a partial judgment (Teilurteil). It confirmed the Regional Court’s judgment in so far as it had granted the applicant’s claim and modified the Regional Court’s further decision, holding that 50% of the applicant’s further claim was well-founded in substance (dem Grunde nach) but further proceedings had to be conducted to assess the amount due.
24.  The applicant informed the Regional Court on 8 November 1999 that he had withdrawn the power of attorney from his lawyer S.K. and at the same time he requested legal aid. On 22 November 1999 the applicant, at the time not represented by counsel, brought an action for the reopening of the proceedings against the judgment of the Linz Court of Appeal of 7 July 1999. He submitted that one of the documents on which he had relied in these proceedings had actually been forged by him and as this changed the material facts, proceedings should be reopened.
25.  On 18 February 2000 the applicant made a section 91 request for a time-limit to be set for a decision on his request for legal aid concerning his action for reopening the proceedings.
26.  On 10 April 2000 the applicant was granted legal aid and on 21 April 2000 K.R. was appointed his ex officio lawyer. On 3 May 2000 K.R. re-submitted the action for reopening of the proceedings and the section 91 request.
27.  By decision of 30 August 2000 the Supreme Court dismissed an extraordinary appeal on points of law by the applicant against the partial judgment of the Linz Court of Appeal of 7 July 1999.
28.  The applicant’s lawyer informed him on 9 October 2000 that the Regional Court had scheduled a hearing for 22 November 2000. This hearing was subsequently adjourned to 13 February 2001. On 16 November 2000 the defendant M.L. replied to the action for reopening of the proceedings.
29.  On 20 February 2001 the applicant himself made a section 91 request in proceedings against M.L., complaining that the hearing had been adjourned at the request of counsel for the opposing party, which in his view led to an undue prolongation of the proceedings, and that a time-limit for scheduling a hearing should be set.
30.  On 22 February 2001 K.R. informed the applicant that he had agreed to the adjournment request by the opponent party’s lawyer. K.R. informed the applicant on 5 March 2001 that the section 91 request had now been transmitted to him for signature and that he would only sign it on the express instruction of the applicant. On 7 March 2001 the applicant instructed his lawyer to do so, arguing that otherwise he would not be awarded compensation in future proceedings before the European Court of Human Rights.
31.  Judge S. commented on the section 91 request on 21 March 2001. He stated that the hearing had been adjourned with the consent of both parties’ representatives and must therefore be considered vexatious.
32.  On 18 May 2001 the Salzburg Regional Court dismissed the action for reopening of the proceedings. On 20 August 2001 the applicant, represented by K.R., appealed against the refusal to reopen the proceedings. On 24 September the opposing party replied.
33.  By decision of 16 April 2002 the Linz Court of Appeal dismissed the applicant’s appeal against the Regional Court’s refusal of 18 May 2001 to reopen the proceedings. It granted, however, an ordinary appeal on points of law against that decision, as it considered that there was no case-law on the question whether a reopening could be based on the ground that forged documents had been used, if such an argument had been raised by a plaintiff who had forged the relevant document himself. On 2 May 2002 the applicant lodged an extraordinary appeal on points of law with the Supreme Court.
34.  On 11 July 2002 the Supreme Court dismissed the extraordinary appeal on points of law. This decision was served on K.R. on 2 September 2002.
35.  In the ongoing proceedings following the partial judgment of the Court of Appeal of 7 July 1999 the Regional Court held hearings on 9 January and 11 April 2003. Meanwhile, on 14 January 2003, the applicant modified his claims.
36.  On 5 April 2004 the applicant made a further section 91 request, complaining that on 11 April 2003 the oral proceedings had been closed but up to then no written judgment had been issued.
37.  By decision of 19 April 2004 the Salzburg Regional Court dismissed the applicant’s further claims against M.L. by final judgment (Endurteil). On 11 May 2004 the applicant appealed and on 9 June 2004 the opposing party replied. On 14 July 2004 the Linz Court of Appeal did not grant the applicant’s appeal, but reduced the award of procedural costs to the opposing party.
38.  Meanwhile, on 22 June 2004 the applicant brought a further action for reopening of proceedings. On 31 August 2004 the Linz Court of Appeal corrected clerical errors in its judgment of 14 July 2004.
39.  On 22 September 2004 the applicant lodged an extraordinary appeal on points of law with the Supreme Court, which the latter rejected as inadmissible on 21 October 2004.
40.  On 1 March 2005 the applicant made a criminal deposition (Anzeige) against Judge S. On 21 April 2005 the Salzburg Public Prosecutor’s Office refused to open criminal proceedings against Judge S. On 9 May 2005 the Review Chamber (Ratskammer) of the Salzburg Regional Court rejected an appeal by the applicant against this decision.
41.  By decision of 22 June 2005 the President of the Salzburg Regional Court dismissed the applicant’s motion challenging Judge S. for bias. It noted that the Regional Court had given its judgment on 19 April 2004, the Court of Appeal had decided on 14 July 2004 and the Supreme Court on 21 October 2004. The applicant’s challenge of 1 March 2005 was therefore belated. The applicant filed a motion challenging Judge S. for bias because he considered the judgment arbitrary, but he could have raised this critique in appeal proceedings.
The applicant’s detention on remand
42.  The applicant remained in detention on remand from 14 May to 14 July 1999 on suspicion of having uttered dangerous threats. On 18 June 1999 the Salzburg Regional Court convicted him of this offence and sentenced him to eight months’ imprisonment, of which six months were suspended.
43.  During his detention on remand a hearing was scheduled by the Court of Appeal in the civil proceedings against M.L.. The applicant submits that when he was brought from his cell to the courtroom he was handcuffed.
44.  On 30 December 1999 the applicant complained to the Salzburg Independent Administrative Panel (Unabhängiger Verwaltungssenat) about the handcuffing and claimed compensation. On 1 February 2000 the IAP rejected the application as inadmissible. It found that the measure at issue was taken in the course of criminal proceedings before ordinary courts (namely the proceedings against him for uttering dangerous threats) and was not imputable to an administrative authority, so the IAP did not have jurisdiction.